I think you need to get an attorney right away or if you already have one call them and they will file an injunction to keep him from selling any more assets before the divorce is final. Was there a section in your separation agreement that talked about selling assets?
All the marital assets that were accumulated during the marriage and that existed on the date of separation. The value of the retirement account on the date of separation will be the value to be divided and not the diminished value caused by him cashing it out. If he is dissipating marital assets, it sounds like you need to see an attorney as soon as possible.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
My soon-to-be-ex has sold MY car (it was in his name, and had a lein on it) but he had purchased it for me 3 years ago, and cashed out his retirement after we seperated.
My question is this, he took a 30% penalty when he cashed in his retirement, am I still entitled to any of that money and if so, does the 30% penalty still apply?
Also, he has 5 other vehicles (I drive my daughter’s car), one of the vehicles (the only real reliable one), is almost identical to mine that he sold (just a different year.), It also is in his name and has a lein. Can he be forced to give me that one?
Please help, I am afraid he is going to leave me with nothing